Default judgment in Virginia: how to set it aside

What a default judgment means and how to ask the court to set it aside, with a deadline calculator.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. General District Court: file a motion for a new trial within 30 days after the judgment (not counting the day it was entered); the court must rule within 45 days after the judgment.

Shortest time to ask
30 days (General District Court: motion for a new trial)
Time to answer
21 days

What a default judgment means in Virginia

If you don't appear on the return date (General District Court) or don't respond within 21 days (Circuit Court), the court may enter a default judgment for the plaintiff. That can lead to wage garnishment and a lien on your bank account.

Canceling a default judgment in Virginia

General District Court: file a motion for a new trial within 30 days after the judgment (not counting the day it was entered); the court must rule within 45 days after the judgment. Any court: you can ask to set aside a default judgment that is void (for example, you were not properly served), on proof of an accord and satisfaction, or because you were a servicemember; a motion for fraud on the court must be made within 2 years.

Law: Va. Code § 16.1-97.1; Va. Code § 8.01-428(A); Va. Code §§ 16.1-97.1, 8.01-428

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

What the judgment means in Virginia

Interest after the judgment

6% a year. But a judgment on a contract carries the contract's lawful interest rate if that is higher than 6%. The rate in effect when the judgment is entered stays fixed.

How long it lasts

General District Court judgments: enforceable for 10 years. For judgments entered before July 1, 2026, the creditor could keep them alive longer by docketing them in Circuit Court before the 10 years ran out; for judgments entered on or after July 1, 2026, that option is gone and the 10-year limit applies. Circuit Court judgments dated on or after July 1, 2021: 10 years, which the creditor can extend by recording a certificate before it expires (10 more years), and once more after that. Older Circuit Court judgments: 20 years.

Law: Va. Code § 6.2-302; § 16.1-94.1; § 8.01-251

After a judgment in Virginia

Servicemembers

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Steps after a default in Virginia

  1. Get the judgment papers

    Get the judgment from the clerk; the date on it starts your time limits.

  2. Act within the time limit

    In Virginia: General District Court: file a motion for a new trial within 30 days after the judgment (not counting the day it was entered); the court must rule within 45 days after the judgment.

  3. Say why you missed it

    Most courts want to know why you didn't answer and what your defense is. Attach your answer if the court asks.

  4. Watch for garnishment

    Until it is set aside, the judgment can be collected: read After a judgment in Virginia.

Where to get free help in Virginia

Questions about default judgments in Virginia

How long do I have to answer a debt lawsuit in Virginia?

General District Court: you don't have to file a written answer, but to dispute the claim you must appear in court on the return date and time shown on the warrant in debt. The judge may then order you to file written grounds of defense by a set date. Circuit Court: file your responsive pleading (answer) within 21 days after you are served with the summons and complaint.

What if I miss the deadline in Virginia?

If you don't appear on the return date (General District Court) or don't respond within 21 days (Circuit Court), the court may enter a default judgment for the plaintiff. That can lead to wage garnishment and a lien on your bank account.

How do I set aside a default in Virginia?

General District Court: file a motion for a new trial within 30 days after the judgment (not counting the day it was entered); the court must rule within 45 days after the judgment. Any court: you can ask to set aside a default judgment that is void (for example, you were not properly served), on proof of an accord and satisfaction, or because you were a servicemember; a motion for fraud on the court must be made within 2 years.

Keep reading about Virginia

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources